✦ High Court of India · 10 Feb 2025

Hyderabad High Court · 2025

Case Details High Court of India · 10 Feb 2025
Court
High Court of India
Decided
10 Feb 2025
Length
2,056 words

Petition under section 528 0f BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay ail further proceedings in cc.No.2g3 ot 2o21 on the fire of Judical Magistrate of First crass court. [VIanguru against the petitioners i accused Nos.1 to 3 pending disposal of the above criminal petition. l.A. NO: 3 OF 2025 & 4 oF 2025 Smt. Mamatha Housewife, R/o District. Singam Wo. Undrathi Ramchandrapuram Village Naveen aged 32 years, Occ. . tt/andal, Bhadradri Kothagudem AND ...PETITIONERYDEFACTO COMPLAINANT

1. The state of reranqana. Rep by the pubric prosecutor High court for the state of Telangana ...RESPONDENT/RESPONDENT 'H1$i"i:L:lr--:"n'."oil{1'1i4r"",.#:rx,%?:?r:i"r:E;#8"ff&#& residing at 810, 'Mi, Grove or. auiuoin,'eeiniryvania, usA. zrp- 19403 (Petitioner No.'1 is representeo by sF[ H-oioe#eiitioner r,lo z) 3. Smt. Undrathi padma W/o_ Shivaiah, Aged.S0 years, lndian, Occ.Housewife. R/o. H. No.4-84, Ba njara Vit ir#:'NJiii;;#M;i;i, waransat Rurat District. 4. Smt. Shilam Sandhva !!l9. Srr,ahar, Aged.41 years, Occ.private Emolovee. RIo. Gudivada viilag-e, Kesamudram Ma"ndar. trlinaouoauao District. ...RESPONDENTS/ACCUSED Nos. 1 to 3 I.ANO: 3 OF 2025 Petition under Section 3SS (2) of BNSS praying that in the circumstances stated in the criminar petition, the High court may be preased to permit the Petitioners and the Respondent No.2 to compromise the case in criminal case vide c'c' No' 283 0f 2021 0n the fire of Judiciar Magistrare of First crass, Manuguru for the offence u/sec.49.-A rpc R/w. Sec.3 & 4 of Dp Act in view of the settement entered between the petitioners and Respondent No.2 herein. l.A. NO:4OF 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to record the compromise in criminal case vide C.C. No. 283 of 2021 on the file of Judicial Magistrate of First Class, Manuguru against the respondenVaccused Nos.1 to 3 herein for the offence u/sec.498-A IPC R/w. Sec.3 & 4 of DP Act and quash the same by allowing the present petition. This Criminal Petition and l.A.s coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Joint Memo of Compromise in l.A.'s and upon hearing the arguments of Sri V. Yadu Krishna Sainath, Advocate for the Petitioner, Additional Public Prosecutor on behalf of the Respondent No. 1 and of Sri Srinivas Kavali, Advocate for the Respondent No. 2. The Court made the following: COMMON ORDER HON'BLE SMT. JUSTICE JUWADI SRIDEVI l.A.Nos.3 and 4 ot 2025 in/and CRIMINAL PETITIO N No.1012 of 2025 COMMON ORDER: This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.'l to 3 to quash the proceedings against them in C.C. No.283 of 2021 on the file of Judicial Magistrate of First Class, Manuguru, registered for the offences punishable under Sections 4984 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. lt is submitted by learned counsel appearing for the petitioner as well as the respondent No.2, that during pendency of the present Criminal Petition, the parties have compromised the matter and accordingly, l.A.Nos.3 and 4 of 2025 have been filed to record the compromise between them and to compound the t I I I offences.

3. Vide order dated 29.01.2025, this Court directed the parties along with their respective counsel to appear before the Secretary, High Court Legal Services Committee, High Court for the State of Telangana, Hyderabad, for identification and to submit a report. I 2

4. Pursuant to the above said direction issued by this Court, the parties have appeared and the Secretary, High Court Legal Services Committee, has identified the parties and submitted a report, dated 03.02.2025 and the same is placed on record.

5. ln view of the above, l.A.Nos.3 and 4 of 2025 areallowed. Consequenfly, this Criminal petition is allowed and the proceedings against the petitioners/accused Nos.1 to 3 in C.C. No.283 of 2021 on the file of Judicial Magistrate of First Class, Manuguru, are hereby quashed. Miscellaneous applications, if any pending, shall stand closed Sd/- A. SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPYII s CTION OFFICER

1. The Judicial Maoistrate First Class Magistrate at Manguru ?' fh" S-tation Houle officer, Aswaprrr,iFiiiii6 Eiaiion, Bhadradri Kothaqudem 3. rwo CCs to the public piosecut6i uibi, c"r.t'ill t;'"-s;i;;'i#ftH;":t 4. One CC to Sri V. Vadu Krishna Sainath Advocate IOPUCI ! 9n" C9 to Sri Srinivas Kavati, Aovocai; iO'i;UCi ' 6. Two CD Cooies Hyderabad. [OUT1 (Along with b loint memo of compromise) To, VH 'k t I i I '1 HIGH GOURT DATED: 1010212025 i q ) o i\;- s rAre, a v o 5 2 B ri; 7-[6 t Dri.-:iF/-r I f-ll COMMON ORDER l.A. NO: 3 AND 4 OF 2025 IN/AND CRLP.No.1012 ot 2025 ALLOWING THE l.A.s. & CRIMINAL PETITION '# IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Crl.P.No. oF 2024 BETWEEN: i.:

1. Undrathi Naveen, S/o. U. Shivaiah, Aged: 32 years, Occ: Pvt. Employee, Vo. H.No. 4-84, BanjaraNekkonda[aga Warangal, Telangana Presenlly residing a't 8].0, Mill Grovd 6r. Pennslyvania t usA, ztP- L9403 'i .'i. ram, Audubon,

2. Smt. Undrathi Padma, W/o. Shiv.|i6h, Age!: 50 years, Indian, pcc: Housd'ryirfe, R/o. H.No.4-84, Banjara Village, Ndkkonda Mandal, Warangal Rural District

3. Smt. Shilam Sandhya, Wo. Srid a'r ,Ag!ed: 4L yeari, Ocei+F+iVdte" nlo.,, g u I i v. a.4 e."Yi leffit.#ffi asl Mahabubbbad Distiict. EmP u ,, ta.,! AND .:!Petitionersy' Acbu 6dd

1. The State ofTelangahb, ' Rep by the Public Prosecutor High Court of Judicature at Hyderabad For the state of'TelangEn'a. i ': ..-.!]t$eggonQSntllt-ate : ---,'li: - -- 2. Smt. Marnatha Singtirri.-Wo. Uhdiethi Naveen aged 32 Years, Occ: Housewife, ., -: R7o. Ramchandrapuram Village, A'sWaipuram Mandal, BhadradriKothagudem District. .. 2nd respondent / Defacto Complainant JOINT MEMO FILED ON F OF THE PETITIO ERS,AND RESPONqENT No.2 ..!ij' ; 5- 'n ,,f,t ,( t ,.,' r:'. ' 14- "i, T r;+j: " ::.a+4 ' ..'rn ii: .'.i, ',i: i. * 'May it please your Honour ! ers.,hu

1. The Petition wEdded .yisubmits that the Respondent No.2 is the PAlitioner No.1. The marriage between leg a l.lv' the petitioher. no;f qr,€spon(gnt no.2 was performed on was performed,on 30.05.2019 at KV B Function Hall, Mondikunta Village, ikqthagudem District-507128 as per the Aswa Retigion and in the presence of elders des and it is an arranged one. .:. : .i.. and well w tsh,e te-s n ., .f-i hths. tjciner no.1 and the respondent no.2 ifpEtps arose betwqeo tltefi 'and the Ueht no.z have lds,tlV reSideu-together ib-een living separately since more than ;.20,21. In the month of )anuary, 2OZL, her parents house. 2- lMii6:' .i. ta .., !. ./: 3-:

4. ,.:' m i i {l I 1 I i.t ral mediations took plac,e. at the instigation rriatn but their efforts resulted in vain. s;,l$lp,L ,and' the',Respondent No.2 have. .b.een living in view of T+r seOara.tplV$'h.9.4.Y have not been able to live tog€thet, the dispute,s whiih arose between them. :si!1.e, e, .',:r i, +

5. That both the Petitioner No,1 and the Respondent no,2 s have mijtually'adreed that the marriage should b6 dissslved:by a decree of divorie as there is absolutely no possibility of the parties living together and they have reduced the same into Memorandum of Agreement Dt.l2-72-2024. ]4,9]r,164!JiAA..'::-

6. The Petitioner No.1 &Respondent No. 2 have agreed to dissolve the marriage Dt.30.05.2019 by way of divorce by mutual consent, through Court.of Law. 7. That the Petitioner No.1'agreed to pay Rs.65,00,000/- (Rupees Sixty Five Lakhs Only) tbwards full and final .Settlement.to the Respondent No.2 as per the Memorandum of Understbnding Dt. L2-L2-2O24 and the Respondent No.2 and her parents agreed for the sa me.

8. The Respondent'no.2 maintenance, civil cases ha raEsiheht agiiinst tl.ie petition'i-,r no. 1 r. a-\ .i not file '.any case fdi in any co.urt or dow4y and .his fa'rnlly, memb.grs lin the futuie.

9. The petitioner No.1 agreed to puy .Rs.65,O0,p"00/. (Rrip,ees. Sixty Five Lakhs Only) towards full and final settl6-riii6nf in fo.ur | .i. '.{- :), ... It .) ,1 d c

10. The petitiorler:no.1 aOrgeU to 'jlay Rs.10,00i00*d/:( RrJ.pees ten Lakhs onty ) by way of DD in favor of Responderit .No.2 in the presence df the JucJge, on the date of ,filing the mqtual divorce

11. The Respondent no.2 filed 6 criminal case i.e., C.C.No.283 of 2O2L on the file of ludical Magistrate of First Class.Co-urt, Manguru against the petitioner no.1 and his family member,s/'Petitione.r Nos.2 & 3. The Respondent no.2 agreed to withdraw the case in High court of Telangana against the petitioner no.1 to 3, the petitioner no. 1 agreed to pay Rs.20,00,000/- ( Rupqes Twenty lakhs only ) by way of DD i.e., D.D.-No.268914 Dt. 18.12.2024 for sum of Rs.10,00,000/- and D.D. No.268914 Dt. 18,12.2024 for sum of Rs.10,00,OOO/-, both drawn on HDFC Bank, in favor of Respondent No.2 in the presence of the Judge. on final date of withdrawal of the case in High court of Telangana by way of filing the Quash petition by the both parties in presence of the Judge'

12. Further, the petitioner no'1 agreed to pay.Rs.15,00,000/- ( Rupees Fifteen Lakhs only) to the Respondent no.2 by way of DD in favor of Respondent No.z in the presence of the Judge on the date of final hearing of the mutual divorce pdtition in H.M.O.P. No.135 of 2024 and further the petitioner rlo;i agreed to pay remaining amount i.e Rs.20,00,000/-( Rupeesr.,h{,Qnty lakhs only) to the Respondent no.2 by way of DD in favor,sf Rb'sp,onde,nt No.2 in the presence of the Judge, on the date of with.df,iiwEhof the DVC case against the petitioner no.1 and his family r'nefinhers i.e., DVC. No.6 of 2024, on the file of Judical Magistrate'cjf glasF Cou.rt, Manguru, and same was agreed by thgRes.

13. The Respondent No.2 ag reed to withdra against the Petitioner No.1 and his family memb agreed that there are no pending transactions./ ,,t, petitioner no.1 and Respondent no.2 ex-cept the -,] ll-. sI n the ,024. Hence, it is prayed that the;l,l.on'Oter.Cour€,ifrLl)r&lpleased to qfuash the proceedings in C.C. No. 283i sf-2\2!.on tJi$.:.file of Hon'ble ludicial Magistrate of First Class, Manuguru against the petit'itmers/accused Nos,1 to 3 for the offence u/sec.498-A IPC Rlw. Sec.3 & 4'of 'DP Act., including Circular Memorandum on 01.07.2022 C. No.3089l,CA/p/ctD/2019-22 issued by the Director General of Police, Tela'ngana against the Respondent No.2/Accused No.1 in view of the compromise entered between the petitioners and respondent/defacto complainant, in the interest of justice. ! 'la::*l ;lffi :l .,7 'd\, r, il- ,:] Place : Hyderabad. r-i<jfurn,Ja Date : lt)<Ot-2o2{ ,r drd-z Petitioner/Accused No. 1

0.14 Petitioner/Accused No. 2 9' s'nhY Petitioner/Accused No. 3 t: ['i {*' .iirc. i-\r {5?: .91..' r$ f,^.*"^t6 Counsel for Petitioner CP ndbnt No.2/Defacto comPlainant q-- Respondent/Defacto complainant ' lrtr ^t.;t tri . AE rj.i .:L.? 'i. ..:. i-+ s$, t1_t .. ai.+ i ..{ ''it - \t i. :q*- i.; a I /

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